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Marriage-Family Law., Study notes of Family Law

This document, titled Marriage-Family Law, provides a comprehensive overview of marriage laws in Scotland, covering key restrictions, legal requirements, and grounds for annulment. It discusses age restrictions, forbidden degrees of relationship, and the legal recognition of same-sex and transgender marriages, referencing cases like Corbett v Corbett and the Gender Recognition Act 2004. The document also explores issues of defective consent, including mental incapacity, error, and force/fear, with cases like Mahmood v Mahmood illustrating forced marriages. Additionally, it outlines the process for regular and civil marriages under the Marriage (Scotland) Act 1997 and examines voidable marriages due to impotency. This material is essential for understanding the legal framework surrounding marriage in Scots family law.

Typology: Study notes

2024/2025

Available from 03/06/2025

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about:blank Marriage FAMILY LAW MARRIAGE, First restriction ~ age If either party under 16, the marriage will be null and void if they marry in Scotland If you're over 16, you do not need parental consent to marry If you're over 16, you can marry someone from another country who is under 16, provided it is legal in their country and you get married in their country Second restriction ‘You cannot marry someone too closely related to you S1 sets out prohibited marriages cause the people are too closely related Marriage and Civil Partnership Act 2014 People in the affinity table can marry if they're both over 21 and they have never lived in the same house as the other party and been treated as a child of the family Couple in that category must petition to the court of session to get a declarator ‘You cannot marry an adoptive parent or a former adoptive parent Adoption act — an adopted child cannot marry their birth parents and their birth siblings Adoptive brothers and sisters can marry if they are not related ‘A person’s sex is determined at birth based on child’s physical criteria Up until a few years ago you could not get your birth certificate changed ‘There have been challenges to the law in this area Corbett v Corbett 1971 P83 0 1971 English case U_ Petitioner was Mr Corbett 1) Raised action (0 He was married and had 4 kids o He began to experiment with homosexuals o He met April Ashley 1/10